Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1887-03-30

| come without previous expectation; to fall
out" 1t is also borne out by the use of
the same word 'happen" in Subdivision
4, o. Section of Article l, of the Consti
tuition of the United States, which reads as
follows: "a. When vacancies happen in
in the representation from any State, the
Executive authority thereof shall issue
writs of election to fill such vacancies,
This article provides, among
other things, for the election
of members of the House of Representa-
tives by the people, and the part last
quoted provides for filling vacancies Oc-
curing in the Office of any such represen-
tative after he has been elected, as is clear
| " shown by the provision requiring the
Executive of the State to issue writ OF
election to fill the vacancy. The general
election for the full term is not made in
this way. And this construction is further
borne out by the provisions Of the act OF
| Congress already referred to. Section II,
on page 5, provides that the Legislature OF
each State chosen next preceding the eX-
piration of the time for which Senator
was elected to represent the State in Con-
greSs, shall, on the second Tuesday after
/ the meeting and organization thereof, pro
coed To elect SENATOR
Section 10 provides the manner i'll which
! the election for the full term shall he con-
Quoted etc. Section 10 provides for the
filling Of a vacancy in the office Of Senator
existing at the time OF the meeting Of the
| Legislature and declares that it shall be
done lin the manner prescribed in the
proceeding section for the election OF 4
Senator for the full term, and Section II
provides for filling q vacancy which occurs
during the session of the Legislature and
declares that similar proceedings to fill
such vacancy shall be had on the second
| Tuesday after the Legislature has organized
and has notice of such vacancy"
The language here used is too plain to
admit Of more than one construction.
When Congress was providing for the
election of q Senator for n full term, they
don't call or refer 10 it as vacancy, hut
use the language expiration of the time
| for which any Senator was elected, etc.
| But when they speak drilling "A vacancy,
they say so, and show concluSively that
they had reference to filling u vacancy in
an uneXpired term, or, in other words,
vacancy which came by chance" and
|
piratiOn Of the time for which Senator is
elected cant come by chance, nor with
ont previous expectation, but vacancy
| happening in the Office of Senator can and
does come by chance and without previous
expectation in the sense in which those
words are used in the Constitution and laws
OF the United States, and the question is
really too PLAIN for argument.
And if We look to Chapter 4 of our own
| Code in reference to vacancies in Office we
| find that our Legislature has used the
term vacancy" rs applicable to the uncX-
pired term Of any person previously elect
ed tAnd coming down to the provisions
OF Chapter of our Code in reference to the
credentials OF Senators elected for full
terms and for unexpired terms and of Sen
atOrs temporarily appointed by the Gov
ernOT we will tiud that our Legislature
has again used the words vacancy" and
happen" in the sense above c0ntended
| for. And special attention is called to
Section Is OF said Chapter, found on page
| % of Warth's Code, rs follows: "l9.
When vacancy shall happen during the
recess of the Legislature in the representa-
| tion from this State in the Senate Of the
United States and the Executive shall
make q temporary appointment to fill
such vacancy, the Governor shall cause a
credential, under his hand and the great
person so appointed to the following effect:
Estate Of West Virginia to wit:
"a L, who was, according to the Con-
stitutiOn of the United States, Senator
from this State for the term ending on the
third day Of March in the year -, hav-
ing died resigned or otherwise as the case
may be- during the recess of the Legisla
ture, l, - -, Governor Of the State
of West Virginia, by virtue of the said
Constitution, appoint c ID, OF the county
of -. a Senator from this State in the
Senate of the United States, until the next
meeting of the Legislature. Given under
my hand and the great seal of the State,
this the - day OF =" 1t is au even
guess that the credentials of Mr.. Lucas
didn't conform TO the certificate here
quoted.
fit does, then the Governor has signed
the death warrant OF the pretenSiOns set
up by him and his appOintee. But it Is said
the Governor has declared his purpose not
to sign the credentials of any Senator whom
the Legislature may elect at its next meet
inc, hut this can hardly be 50. The Governor
claims to he Democrat OF the old school,
Jetiersonian Democrat, aud it is not at
all probable that he would even attempt 10
defy the will of the people of the State,
expressed through their representatives,
and attempt to assert at this day the "One
man power" so vehemently denounced by
Mr.. Jefferson and all of his followers But
suppose the Governor capable OF resOrting
| to such an unhear,l OF proceeding, it would
amount to nothing but to subject him TO
| impeachment by the Legislature. He
could and doubtless would be compelled
by mandamus to sign the credentials Of the
Senator elected ii an application OF that
sort were made to any court having juriS-
diction in the case BY Section Is OF
the Act of Congress referred TO above,
it is expressly made the duty OF
the Governor to certify the election OF q
Senator of the United States to the Prcsi-
dent of the Senate of the United States,
| and this wOuld nndeniably confer juriSdic-
ton upon the Federal Court of the proceed
| ingS by mandamus.
Or. the person elected could take certi-
fed copies of the journal of both houses of
/ the Legislature and of the Joint Assembly,
showing his election, which would answer
the same purpose rs 4 credential signed by
the Governor. LEX.
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